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J.R. SIMPLOT CO. v. DEPT. OF AGRICULTURE

2000-1; A118024.

96 P.3d 1262 (2004)

195 Or.App. 98

J.R. SIMPLOT COMPANY, Petitioner, v. DEPARTMENT OF AGRICULTURE, Respondent.

Court of Appeals of Oregon.

Decided September 1, 2004.

Attorney(s) appearing for the Case

Christopher A. Rycewicz, Portland, argued the cause for petitioner. With him on the briefs were Christopher W. Rich, Portland, and Rycewicz & Chenoweth, LLP.

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and LINDER and WOLLHEIM, Judges.

LINDER, J.

Petitioner processes potatoes. Because the resulting product—french fries—is sold in interstate commerce, the potatoes are subject to federally required inspection after they are delivered for processing. Petitioner and the potato growers have the option of having the inspection performed by state inspectors working for the Oregon Department of Agriculture (department). If they so opt, they pay a fee for the inspection, which under state law...

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